Zambian Councilor Mainda Simata of Kamwala ward was fined K40,000 by a magistrate for spreading unverified information online, putting a Lusaka resident’s life at risk.
According to Zambian reports, Simata alleged that Josephine Njobvu’s car was used to kidn@p mobile money agents, which led to her being targeted by the public.
He was charged with two counts under the Cyber Security and Cyber Crimes Act for publishing false information and using a computer system to compromise someone’s safety.
Chellah Jimmy Mwelwa, his informant, was acquitted as he didn’t help Simata circulate the information.
The court found that Simata’s Facebook post and video with the car’s plate number put Njobvu’s safety at risk, especially during a time when the public was on high alert for abduct0rs.
“I find that Simata put the woman’s life at risk,” magistrate Sakwanda said.
“There is no evidence to show that they acted together and the prosecution did not prove that he ( Mwelwa) participated in the publication of information as per indictment,” she said.
“I find that there is no evidence on the record that connects Mwelwa to the charges , he merely informed Simata of what had happened and it was out of his control of what Mainda simata did with that information.”
“However on record there is no such evidence. A doubt has been raised in my mind as to how Mwelwa is connected in the publication of the information on facebook by a use of a computer,” she said.
“For the forgoing I find that the prosecution has not proved the offense of publication of information contrary to section 54 of the cyber security and cyber crimes act no. 2 of 2021 consequently I find Chellah Jimmy not guilty and accordingly acquit him in count 1 and 2.”
Magistrate Sakwanda however found Simata guilty as charged.
